Special Court Narcotics establishment and powers

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special courts

Special Courts try all the offenses related to the Narcotics drugs and psychotropic substances. Since the courts give the death sentence. So they have a special power. The Control of Narcotic Substances Act, 1997 confers the following powers to the Special Courts.

SPECIAL COURTS NARCOTICS

JURISDICTION u/s 45
The Special courts have the exclusive jurisdiction to try cognizable offenses under the Act.
ESTABLISHMENT u/s 46
The Federal Government
The Provincial Government upon the direction of the Federal Government may establish
As many courts as it wishes.
However, more than one Special Courts for the same territory, declaring the place of sittings, the territorial limit for jurisdiction in Official Gazette.
TYPES OF SPECIAL COURTS u/s 46 (2)
The Special Courts to try all offenses.
The Special Courts to try offenses punishable with the imprisonment of two years or less.
JUDGES OF THE SPECIAL COURTS u/s 46 (3)
A Sessions Judge or an Additional Session Judge to try all offenses.
A Magistrate of First Class for offenses punishable with imprisonment of two years or less.
APPOINTMENT OF JUDGES u/s 46 (5)
Since the Federal Government or the Provincial Government consults with the Chief Justice of High Court of the province. In addition to conferring powers on both the Session and the Magistrate of the Special Court.
APPLICATION OF THE LAW Cr.P.C u/s 47
Provisions of the Act 5, CrPC.
The confirmation of death sentence.
For trial and appeal before the special law or otherwise provided.
APPEAL u/s 48
An appeal lies to the High court against the Sessions or Additional Session Judge.
An appeal lies to the Session/Additional Session Judge against Magistrate.
TRANSFER OF CASES u/s 49
The High Court orders in writing u/s 526 CrPC. And transfer a case from one Special court to the other at any stage. In addition to it, the court treats it as if Session court.
U/s 49 (2)
All cases of offenses punishable with imprisonment for two years or less shall stand transferred to Magistrate consequently. And the rest of the cases to Session/Additional Session Judges.
U/s 49 (3)
Furthermore, the nearest Special court of Judicial Magistrate of First Class may grant the remand in a case.
SPECIAL PROSECUTOR u/s 50
The Federal Government may appoint an advocate of the High Court as Special Prosecutor. As a result, he may conduct or withdraw proceeding before the Special Court.
While an advocate is temporarily unable to conduct proceeding, then, the Special Court in its behalf conducts.
NO BAIL IN CERTAIN OFFENCES u/s 51
Due to U/s 496 and 497 CrPC (Ch 5, 1898) and any other offense related to the Narcotics. The offense is punishable by the death finally.
However, normally, no bail in other cases. If the Special courts think it fit then bail with substantial security.

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